MUSHTKIM @ PAPPU Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal arises out of impugned order and judgment dated 09.12.1988 passed by VIIth Additional Sessions Judge, Meerut in Sessions Trial No. 96 of 1988 convicting the appellant under Section 302 and 498A of IPC and sentencing him to undergo rigorous life imprisonment under Section 302 and one year rigorous imprisonment under Section 498A, with a direction that both the sentences shall run concurrently.

(2.) In the present case, name of the deceased is Khalida Begum wife of the accused-appellant. Their marriage was solomnised on 01.04.1985 and she died in her matrimonial house on 09.11.1987 after suffering 95% burn injuries. On 31.10.1987 itself, on the basis of written report Ex.Ka-1 lodged by PW-1, Nisar Ahmad, father of the deceased, FIR Ex.Ka-4 was registered against the accused-appellant and two acquitted accused under Sections 307 and 498A of IPC. On 31.10.1987 itself, dying declaration of the deceased Ex.Ka-3 was recorded by PW-5, Mukesh Kumar Gupta, Executive Magistrate wherein she has categorically stated that she was burnt by the appellant. On 01.11.1987, case diary statement Ex.Ka-14 of the deceased was recorded in which also she named the appellant to be the accused. Likewise, on 02.11.1987, in another diary statement of the deceased Ex.Ka-15, she has stated that she was burnt by the appellant. Deceased also made oral dying declaration before PW-4, Shajda Begum implicating the appellant as the main accused.

(3.) After the death of the deceased, inquest on her dead body was conducted on 9.11.1987 vide Ex.Ka-16 and the body was sent for post-mortem which was conducted on 10.11.1987 by PW-3, Dr. S.C. Gupta vide Ex.Ka-2.